Sexual Harassment and Title VII: Selected Legal Issues (CRS Report for Congress)
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| Release Date |
April 9, 2018 |
| Report Number |
R45155 |
| Report Type |
Report |
| Authors |
Christine J. Back; Wilson C. Freeman |
| Source Agency |
Congressional Research Service |
Summary:
Title VII of the Civil Rights Act of 1964 (Title VII) generally prohibits discrimination in the
workplace, but does not contain an express prohibition against harassment. The Supreme Court,
however, has interpreted the statute to prohibit certain forms of harassment, including sexual
harassment. Since first recognizing the viability of a Title VII harassment claim in a unanimous
1986 decision, the Court has also established legal standards for determining when offensive
conduct amounts to a Title VII violation and when employers may be held liable for such
actionable harassment, and created an affirmative defense available to employers under certain
circumstances.
Given this judicially created paradigm for analyzing sexual harassment under Title VII, this report
examines key Supreme Court precedent addressing Title VII sexual harassment claims, the
statutory interpretation and rationales reflected in these decisions, and examples of lower federal
court decisions applying this precedent. The report also discusses various types of harassment
recognized by the Supreme Court—such as “hostile work environment,” quid pro quo,
constructive discharge, and same-sex harassment—and explores tensions, disagreements, or
apparent inconsistencies among federal courts when analyzing these claims.
Finally, this report examines sexual harassment in the context of retaliation. Does Title VII’s antiretaliation
provision protect an employee from being fired, for example, for reporting sexual
harassment? How do federal courts approach the analysis of a Title VII claim alleging that an
employer retaliated against an employee by subjecting him or her to harassment? The report
discusses Supreme Court and federal appellate court precedent relevant to these questions.
